Bill Text: PA SB569 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for purpose, for the definition of "volunteer license" and for liability.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced - Dead) 2011-02-18 - Referred to JUDICIARY [SB569 Detail]

Download: Pennsylvania-2011-SB569-Introduced.html

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PRINTER'S NO. 579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 569 Session of2011
INTRODUCED BY PIPPY, ORIE, FOLMER, VOGEL, ERICKSON, EARLL, LEACH, FONTANA, BAKER, BROWNE, M. WHITE, RAFFERTY, WAUGH AND BRUBAKER, FEBRUARY 18, 2011
REFERRED TO JUDICIARY, FEBRUARY 18, 2011
AN ACT
Amending the act of December 4, 1996 (P.L.893, No.141), entitled
"An act providing for volunteer health services; limiting
liability of a volunteer license holder; and requiring
reports," further providing for purpose, for the definition
of "volunteer license" and for liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 4, 1996
(P.L.893, No.141), known as the Volunteer Health Services Act,
is amended to read:
Section 2. Purpose.
It is the purpose of this act to increase the availability of
primary health care services by establishing a procedure through
which physicians and other health care practitioners, including
physicians and other health care practitioners who are retired
from active practice, may provide professional services as a
volunteer in approved clinics serving financially qualified
persons and in approved clinics located in medically underserved
areas or health professionals shortage areas.
Section 2. The definition of "volunteer license" in section
3 of the act, amended June 19, 2002 (P.L.406, No.58), is amended
to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Volunteer license." A license issued by the appropriate
board to a health care practitioner who documents, to the
board's satisfaction, that the individual will practice only in
approved clinics without remuneration, who is:
(1) a retired health care practitioner; [or]
(2) a nonretired health care practitioner who is not
required to maintain professional liability insurance under
the act of October 15, 1975 (P.L.390, No.111), known as the
Health Care Services Malpractice Act, or the act of March 20,
2002 (P.L.154, No.13), known as the Medical Care Availability
and Reduction of Error (Mcare) Act, because the health care
practitioner is not otherwise practicing medicine or
providing health care services in this Commonwealth[.];
(3) a practicing licensee in good standing; or
(4) a volunteer licensee in good standing when the
volunteer licensee is practicing in a hospital to treat a
patient who has been referred from an approved clinic.
Section 3. Section 4 of the act, amended June 19, 2002
(P.L.406, No.58), is amended to read:
Section 4. Volunteer status.
A licensee in good standing who retires from active practice
or a nonretired licensee who does not otherwise currently
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practice or provide health care services in this Commonwealth
and is not required to maintain professional liability insurance
under the act of October 15, 1975 (P.L.390, No.111), known as
the Health Care Services Malpractice Act, or the act of March
20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act, or a practicing
licensee may apply, on forms provided by the appropriate board,
for a volunteer license.
Section 4. Section 7 of the act is amended by adding a
subsection to read:
Section 7. Liability.
* * *
(a.1) A practicing licensee in good standing who, in good
faith, renders professional services as a volunteer in approved
clinics serving financially qualified persons or in approved
clinics located in medically underserved areas or health
professionals shortage areas shall not be liable for civil
damages arising as a result of any act or omission in the
rendering of care unless the conduct of the licensee falls
substantially below professional standards which are generally
practiced and accepted in the community and unless it is shown
that the licensee did an act or omitted the doing of an act
which the licensee was under a recognized duty to a patient to
do, knowing or having reason to know that the act or omission
created a substantial risk of actual harm to the patient. This
subsection shall apply to a licensee who provides specialized
treatment as a volunteer to a person in a hospital if the person
was referred for specialized treatment from an approved clinic.
* * *
Section 5. This act shall take effect immediately.
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